Manslaughter conviction in Christmas killing overturned

STAMFORD -- The manslaughter conviction of a Norwalk man who provided the gun that killed Larry Paulk at Roodner Court in Norwalk on Christmas Day 2007 has been overturned by the state Appellate Court.

The court said there was not enough evidence provided during the trial to prove that Jason Gonzalez "intentionally aided" convicted murderer Donald Wilson by giving him the gun that killed Paulk. In overturning the 2010 jury verdict, the court ordered Gonzalez's conviction for manslaughter in the first-degree with a firearm as an accessory be reversed and the resulting 45-year sentence vacated.

Gonzalez, 29, who grew up at Roodner Court, has been serving his sentence at the Cheshire Correctional Institution.

Paulk's family said they could not believe the appeals court set aside Gonzalez's conviction.

"This is shocking news to me. I am very disappointed," said younger sister Sephelia Paulk. "(Gonzalez) is the one who had the gun. If he did not have the gun, this would never have happened. He had a weapon. He tried to kill my brother."

In addition to being sentenced in June 2010 on the manslaughter conviction, Gonzalez was given two five-year consecutive sentences for possession of a firearm by a convicted felon and carrying a pistol without a permit. If the Appellate Court decision is not challenged and the manslaughter conviction is vacated, Gonzalez would still have 10 years to serve.

Senior Assistant State's Attorney Richard Colangelo, who prosecuted the case, said the appellate decision came unexpectedly. He said the jury made the right decision.

"The state believes there was sufficient evidence for the conviction, and I hope the Supreme Court will entertain the case," he said.

Colangelo said the jury understood the circumstances in which Larry Paulk, 51, had been celebrating Christmas with his family in his mother's second-floor apartment in Building 13 when he interrupted a drug deal between Gonzalez and Wilson in a hallway of the building.

As Paulk, an electrical engineer for IBM, walked out of the building, he had words with Gonzalez, who then drew a gun as Paulk's family -- just a floor above -- awaited his return, according to testimony. A struggle ensued that ended with Wilson shooting and killing Paulk, Colangelo said. One of Paulk's brothers saw the fatal shot fired while another brother was coming down the stairs to the scene, according to court testimony.

The gun was first in the possession of Gonzalez and then ended up with Wilson, who then fired two shots, killing Paulk, Colangelo said.

During his sentencing, Gonzalez maintained his innocence.

"I've been painted to be some kind of monster who runs around and kills people," he told Judge Gary White. "It's not true."

Gonzalez's attorney Edward Murnane told White that Gonzalez should not be punished for what Wilson did.

"There is no evidence Jason encouraged him to shoot Mr. Paulk," he said.

Norwalk Police Chief Harry Rilling said while he has not read the decision.

"I am sure the prosecution will thoroughly review all available evidence in this case to determine if an appeal would be appropriate," he said, adding, "I know this was a very difficult time for the families involved, and everything possible must be done to ensure justice prevails."

Wilson, 28, was convicted by a jury of murder in a separate trial and is now serving a 60-year prison sentence at the Corrigan Correctional Institution in Uncasville. His appeal of the conviction has been denied.

john.nickerson@scni.com; 203-964-2320

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